HomeMy WebLinkAbout2012-195C LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into as of the day of November, 2012 by
and between INDIAN RIVER COUNTY , FLORIDA, a political subdivision of the State of
Florida ("Landlord") and Raymond and Mary Giustizia ("Tenant") .
In consideration of the mutual promises and agreements set forth herein, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows :
1 . PROPERTY, TERM AND RENT . Landlord hereby leases to
Tenant, and Tenant hereby leases from Landlord , the following real property,
including the single family residence and facilities located thereon, which property
is located at the following street address 5875 66th Avenue, Vero Beach, FL
32966, and is more particularly described as follows :
See Exhibit " 1 " attached hereto
("leased premises") .
The term of this lease shall be 8 months commencing on November 1 , 2012 and terminating on
July 1 , 2013 . Rent for the entire lease term shall be $4 ,000 .00 payable in monthly installments of
$ 500 . 00 , plus applicable sales or use tax . Monthly rent shall be payable in advance, on the first
day of each month. If the first or last month of the lease term is a partial month, rent for
that
month shall be pro-rated accordingly.
2. SECURITY DEPOSIT . Prior to occupancy of the leased premises , Tenant shall
deliver to Landlord a security deposit equal to none (0) month ' s rent . Landlord shall hold the
security deposit in accordance with applicable Florida law . The deposit shall stand as security
for, and shall be available to Landlord to pay, any unpaid rent, any losses or damages caused by
Tenant ' s failure to comply with any material provision of this lease, and any other amounts owed
by or due from Tenant pursuant to this lease .
3. USE ' OF PREMISES . Tenant shall use the leased premises solely as a single
family residence , and for no other purpose . Without limitation, Tenant shall not use or permit
any part of the premises to be used for any illegal , immoral or improper purpose , or in
any
manner which creates a nuisance, disturbance or annoyance to other persons or properties in the
vicinity of the leased premises .
4. HAZARDOUS MATERIALS . Tenant shall not bring upon the leased premises
any materials or substances which are listed as ' a "hazardous material" or a "hazardous
substance ," or having an equivalent designation, under any applicable local , state or federal law
or regulation.
5. PROPERTY LEASED "AS IS". The premises are leased in " as is" condition,
without warranty or representation as to the condition or suitability of the premises or
any
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improvements thereon . Tenant has examined the leased premises and agrees that they are "
acceptable and suitable for Tenant ' s purposes .
6. MAINTENANCE AND REPAIRS . Tenant shall maintain the interior and
exterior of the leased premises in a safe, clean and attractive condition, and shall make
all
necessary repairs so that the leased premises are maintained during the term of the lease in
substantially the same condition as they were at the beginning of the lease, reasonable wear and
tear excepted. Tenant shall surrender the leased premises at termination or expiration of the
lease, in substantially the same condition as they were at the beginning of the lease, reasonable
wear and tear excepted.
7. LANDLORD 'S RIGHT TO INSPECT/REPAIR. Landlord may enter and
inspect the leased premises at any time upon reasonable notice to determine whether the premises
are being maintained and repaired in accordance with this lease . Landlord shall have the right,
but not the obligation, to make any repairs to the lease premises which Tenant has failed to make ,
and which , in the sole discretion of Landlord, are necessary to protect and preserve the leased
premises .
8. ALTERATIONS AND IMPROVEMENTS . Tenant shall make no alterations
or improvements to the leased premises without the express written consent of Landlord .
9. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES .
Tenant shall have the right to install on the leased premises such equipment and other items
necessary or convenient for Tenant ' s use of the premises . All equipment and items purchased by
Tenant and placed in, on, or about the leased premises , shall remain the property of Tenant.
Tenant may remove such equipment or items on or before the termination or expiration of this
lease. Notwithstanding the above, if installation of any equipment or item requires any significant
alteration or modification of the premises , such equipment or item shall not be installed without
the express written approval of the Landlord. Also , if removal of any equipment or items causes
damage to the leased premises , such equipment or item shall not be removed unless , immediately
following removal , Tenant restores the premises to substantially the same condition as they were
at the beginning of the lease . Tenant shall remove all of Tenant ' s personal property which is not
attached or affixed to the leased premises prior to termination or expiration of the lease .
10. PUBLIC UTILITIES . Tenant shall pay, within time allowed for payment
without penalties , all charges and fees for water, wastewater, garbage or trash removal , electricity
and all other public utilities incurred with respect to the leased premises during the lease term.
11. INSURANCE. Tenant, at its own expense, shall obtain and maintain the
following insurance coverages with respect to the leased premises during the lease term.
11 . 1 Liability Insurance . Tenant shall obtain and maintain a Tenant
Comprehensive General Liability policy and a Fire Legal Liability policy, each with coverage
limits of no less than $200 ,000 per person and $ 300 ,000 per occurrence . Indian River County
shall be listed as an additional named insured on each policy.
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RAO COSHRU — SUMBee . Tenant shall—e and a—€ife— and
extended eeveagenasualty ivy—Eeag® ns of fie less tEIR
Indian River Gethity shall be listed as an additiefial named insi An
11 .3. Special Insurance Requirements . No later than ten ( 10) days prior to
Tenant ' s occupancy of the leased premises , Tenant shall provide a certificate of insurance for
each policy described above to Landlord, meeting the following requirements :
A. Indian River County shall be listed as an "Additional Insured" on each
policy, and
B . Indian River County shall be given thirty ( 30) days notice prior to
cancellation or modification of each policy. Such notice shall be in writing by certified mail ,
return receipt requested, and addressed to the Risk Manager, Indian River County, Florida, 1801
27th Street, Vero Beach, FL 32960- 3365 .
11 .4. Lapse in Coverage . If Tenant allows any insurance coverage required by
this lease to lapse, expire or be canceled, such event shall be an immediate event of default, and
shall be grounds for eviction.
12. ASSIGNMENT OR SUBLEASE ; NUMBER OF OCCUPANTS . Tenant shall
not assign, sublease or transfer any part of this Lease or the leased premises , without the prior
written consent of Landlord . This lease is entered into based upon Tenant ' s representation that
adults , _ children and _ pets (consisting of ) shall reside in the house . No
additional persons or pets shall reside in the house without the prior written consent of Landlord .
Notwithstanding the above, Tenant may allow friends or family to reside in the house with
Tenant on an occasional , temporary basis (which shall be defined as no more than a total of ten
( 10) days in any twelve ( 12) month period) .
13. NO MORTAGE . Tenant shall not mortgage , pledge or grant a lien upon any
portion of the leased premises , or Tenant ' s leasehold interest the leased premises .
14. TENANT ' S COMPLIANCE WITH APPLICABLE LAW . Tenant shall
comply with all applicable local (including, without limitation, the Indian River County Code of
Ordinances) , state and federal laws and regulations applicable to the leased premises and
Tenant ' s occupancy of the leased premises .
15. DEFAULT . Each of the following shall constitute an event of default: (a) the
failure by Tenant to pay rent when due, (b) the failure by either party to comply with any other
material provision of this lease, and (c) the conviction of Tenant (or any one of multiple persons
referred to herein as Tenant) of any felony or misdemeanor in the first degree, regardless of
whether the conviction relates to the leased premises or Tenant ' s occupancy of the leased
premises . Upon the occurrence of a default, the non- defaulting party shall be entitled to all
remedies in law or in equity, including , without limitation, termination of the lease and eviction
from the leased premises ; provided, however, that an event of default shall not be grounds for
termination or eviction, unless , with respect to the non-payment of rent ( sub- section a above) ,
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such non-payment continues for seven (7) days after receipt, delivery to the leased premises or
posting on the leased premises of written notice demanding payment of such rent, and, with
respect to the failure to comply with any other material provision of this lease (sub- section b
above) , such failure continues for fifteen ( 15 ) days after receipt, delivery to the leased premises
or posting on the leased. premises of written notice demanding compliance.
16. TERMINATION OF LEASE . This lease shall terminate upon the earlier of the
following : (a) expiration of the lease term, without renewal or extension set forth in writing and
signed by both parties , (b) damage or destruction of the leased premises , or any material part
thereof, which , in the sole discretion of Landlord, renders the premises unfit or not suitable for
continued occupancy by Tenant . Landlord shall not be required rebuild, repair or replace such
damaged premises or part thereof, (c) the occurrence of an event of default resulting in
termination .
17. NOTICE . Any notice required by this lease , or which either party may desire to
serve upon the other, shall be in writing and shall be deemed served when hand delivered, or
when actually received via U . S . Mail , postage prepaid , return receipt requested, addressed to
Tenant at .
Raymond Giustizia
5875 66th Avenue
Vero Beach, Florida 32966
Or addressed to Landlord at:
Indian River County Board of County Commissioners
Attention: County Attorney
1801 27th Street
Vero Beach , Florida 32960- 3365
The above addresses may be changed by either party by written notice to the other party.
18. ENTIRE AGREEMENT . This written lease agreement shall constitute the
entire agreement of the parties with respect to the leased premises and Tenant' s occupancy of the
leased premises . No other statement, representation or prior agreement shall have any force or
effect, unless set forth herein.
19. TIME OF THE ESSENCE . Time shall be of the essence with respect to each
and every matter set forth herein.
20. LANDLORD 'S CONSENT/APPROVAL . In each instance in which Landlord ' s
consent or approval is required in this lease, such consent or approval may be granted or
approved in Landlord ' s sole discretion.
21 . RADON GAS . Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities , may present health risks to persons who are
exposed to it over time . Levels of radon that exceed federal and state guidelines have been found
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in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your county health department.
IN WITNESS WHEREOF, the undersigned have affixed our hands and seals at Vero
Beach, Indian River County, Florida, as of the day and year first above written .
ATTEST : Jeffrey R . Smith, Clerk of Court and
Comptr er BOARD OF COUNTY COMMISSIONERSp„p,, . .,
OF INDIAN RIVER COUNTY o'•�y GOMW
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Dep Jerk By :
Peter D . O' Bryan , Vice-C A" n
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Approved by BCC : 000411 1
Approved : co
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Approved as to Form an g S cienc�: w
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sh . Baird, County Administrator
.Alan S . Polackwich, r. , County Attorney
Signed, sealed and delivered in the presence of:
Tenant 1
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Print name :
aymond Giustizia
Tenant 2
Print name : Ma iu izia
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